Vinod S/O Purushottam Moghe vs Sr. Police Inspector, Sakkardara ...
2016 Latest Caselaw 3913 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH : NAGPUR




                                                                                                                     
           CRIMINAL REVISION APPLICATION NO. 32 OF 2016




                                                                                    
                Vinod s/o Purushottam Moghe
                aged 51 yrs., Occp. Business,




                                                                                   
                r/o 3/5/43, Brahmin Wada,
                Shashtri Temple, Bada Talao,
                Adilabad (A.P.)            ::                                                     APPLICNAT




                                                               
                         .. Versus
                                   ..

           1. Sr. Police Inspector, 
                                    
              Sakkardara Police Station, Nagpur.
                                   
           2. Milind Purushottam Moghe

           3. Dhananjay Purushottam Moghe
              Respondents No. 2 & 3 Both r/o House 
              No.L/8/9-Vidarbha Housing Board Colony,
      


              Chhota Taj Bag, Raghuji Nagar,
              Nagpur.                          ::         NON-APPLICANTS
   



     ...................................................................................................................................
                             Mrs. Pallavi Mahashabde, Advocate for the applicant.
                                  Smt. M. S. Naik, A.P.P. for non-applicant No.1.





                          Shri Manoj Mishra, Advocate non-applicants No. 2 and 3.
     ...................................................................................................................................

                                                                   CORAM :  S. B. SHUKRE, J.

DATED : 18th JULY, 2016.

O R A L J U D G M E N T O R A L J U D G M E N T

1. Heard.

2. Admit.

3. Heard finally by consent.

4. By this revision application, the legality and correctness of

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order dated 21/01/2016 passed by the learned Judicial Magistrate,

First Class, Nagpur below application vide Exh.38 has been questioned.

5. According to the learned Counsel for the applicant, the

order is illegal and improper. But, this is not so in the opinion of the

learned A.P.P. for the State as well as learned Counsel for non

applicants No. 2 and 3.

6. On perusal of the application vide Exh.38, a complaint

being Misc. Criminal Application No. 300427/2012, and the impugned

order, I find that there is neither any illegality nor incorrectness or

impropriety in the impugned order. There is no reference made in the

complaint filed by the applicant to the documents sought to be

forwarded to the Commissioner of Documents for verification of the

signatures. No allegation is made in the complaint that the signatures

are false and forged by respondents No. 2 and 3. Learned Counsel for

the applicant submits that the reason for the same is that the

complainant/applicant learnt about the said forgery subsequent to

filing of the complaint. In that case, a separate remedy would be

available to the applicant, which has not been availed of by him. In

the circumstances, I find no merit in this revision application and it

deserves to be dismissed.

Revision application stands dismissed.

                                                                                        JUDGE
            wwl




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                                            CERTIFICATE




                                                                                
                                                 




                                                        

"I certify that this Judgment uploaded is a true and correct

copy of original signed Judgment."

Uploaded by : W.W. Lichade, P.A.

Uploaded on :20/7/2016